HomeMy WebLinkAbout2002-05-01; Planning Commission; Resolution 51721
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PLANNING COMMISSION RESOLUTION NO. 5172
A RES.OLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORMA, RECOMMENDING
ALLOW AN APARTMENT PROJECT ON PROPERTY
GENERALLY LOCATED NORTH OF MARRON ROAD
BETWEEN EL CAMINO REAL AND AVENIDA DE ANITA IN
LOCAL FACILITIES MANAGEMENT ZONE 2.
CASE NAME: THE SUMMIT AT CARLSBAD
CASE NO.: SDP 00- 17
WHEREAS, Marron Road Ventures, LLC, “Developer,” and has filed a
verified application with the City of Carlsbad regarding property owned by Robert Patrick
Kelly, Richard Carroll Kelly, and Azalea Partnership, “Owner” has filed a verified
application with the City of Carlsbad regarding property described as
APPROVAL OF SITE DEVELOPMENT PLAN SDP 00-17 TO
Parcel 2 of Parcel Map No. 4838, in the City of Carlsbad,
County of San Diego, State of California, filed in the office of
the County Recorder of San Diego County, June 18, 1976 as
file/page no. 76-190384 of official records.
That portion of Lot 3 of Section 32, Township 11 South, Range
4 West, San Bernardino base and meridian, according to
official plat thereof being in the City of Carlsbad, County of
San Diego, State of California.
Those portions of Lots 3 and 4 in Section 32, Township 11
South, Range 4 West, San Bernardino meridian, in the City of
Carlsbad, County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibit(s) “A” - “R” dated April 3,2002, on file in the Planning Department,
THE SUMMIT AT CARLSBAD - SDP 00-17, as provided by Chapter 21.06/Section
2 1.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of April 2002 and on
the 1st day of May 2002, hold a duly noticed public hearing as prescribed by law to consider said
request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of THE SUMMIT AT
CARLSBAD - SDP 00-17, based on the following findings and subject to the
following conditions:
Findinm:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed site is located in proximity to other multiple
family projects of equal or greater density and the project is required to reserve
11.27 acres as a wildlife habitat corridor in accordance with the City’s draft Habitat
Management Plan and mitigate wetland impacts. The project exceeds the density
permitted by the RM General Plan designation by 68 units; however, the project
satisfies the criteria for allowing density increases in that it is in proximity to SR78
and a major NCTD transit center, commercial services and employment
opportunities, and served by or conditioned to construct adequate facilities. The
project is also consistent with Council Policy 43 priorities to allow projects to utilize
excess dwelling units available in the northeast quadrant in that the project
proposes 29 affordable units available to families with incomes that are 60% of the
area median income (AMI), it is in close proximity to commercial services and
transit centers; and the infill project is compatible with surrounding development.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project is clustered within 8.61 acres of the total 20.65 acres so that 11.27
acres of open space is preserved and lot coverage of only 26% of the 8.61 acres is
well below the 60% allowed.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that all required minimum setbacks are exceeded,
perimeter iron rail with pilaster fencing and landscape screening is provided, and
enhanced architecture is provided.
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4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the additional ADT generated by the project
will not reduce road segment or intersection levels of service to below the City’s
threshold level of “D” or better.
5. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
6. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
grading permit.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Plan documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer shall implement, or cause the implementation of, the Project Mitigation
Monitoring and Reporting Program.
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The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Site Development Plan, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 2 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, ZC 00-11 and HDP 00-13 and is
subject to all conditions contained in Planning Commission Resolutions No. 5171 and
5173 for those other approvals.
This approval shall become null and void if building permits are not issued for this
project within 18 months fiom the date of project approval.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Housing
13. Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to provide and
deed restrict 29 dwelling units as affordable to lower-income households at 60% AMI
for a minimum of fifty-five (55) years, in accordance with the requirements and process
set forth in Chapter 21.85 of the Carlsbad Municipal Code and to participate in the
Section 8 Rental Assistance Voucher Program and to accept vouchers for all
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restricted affordable units, if made available to a tenant for rent subsidy purposes.
The additional 8 affordable units above the project inclusionary housing
requirement of 21 units shall not be marketed by the developer to any other
development. The draft Affordable Housing Agreement shall be submitted to the
Planning Director no later than 60 days prior to the request to final the map. The
recorded Affordable Housing Agreement shall be binding on all hture owners and
successors in interest.
14. Developer shall construct the required inclusionary units concurrent with the project’s
market rate units, unless both the final decision making authority of the City and the
Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
Landscape
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Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
A three foot high privet hedge as shown on the Final Landscape Plan shall be
installed and maintained along the exterior of the iron rail fence along Marron
Road at all times for screening purposes.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Prior to occupancy of the first dwelling unit the Developer shall provide all passive and
active recreational areas per the approved plans, including landscaping and recreational
facilities.
Prior to the issuance of the grading permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a) Site Development Plan by Resolution No. 5172 on the
property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be located as shown on Exhibit
“A”. The enclosure located adjacent to Marron Road between Buildings 1 and 2
shall be constructed with the identical rock veneer proposed for the main structures.
Enclosure shall be of similar colors and/or materials to the project to the satisfaction of
the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
Developer shall construct, install and stripe not less than 305 parking spaces, as shown on
Exhibit “A”.
Developer shall dedicate an open space easement by separate document for open space
identified on the site development plan that is to be set aside as part of the Citywide
Open Space System to prohibit any encroachment or development, including but not
limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping,
as shown on Exhibit “A”.
Removal of native vegetation and development of dedicated Open Space, including but
not limited to fences, walls, decks, storage buildings, pools, spas, stairways and
landscaping, other than that approved as part of (the grading plan, improvement plans,
biological revegetation program, landscape plan, etc.) as shown on Exhibit “A” - “R”, is
specifically prohibited, except upon written order of the Carlsbad Fire Department for fire
prevention purposes, or upon written approval of the Planning Director, based upon a
request from the property owner accompanied by a report from a qualified
arboristhotankt indicating the need to remove specified trees and/or plants because of
disease or impending danger to adjacent habitable dwelling units. For areas containing
native vegetation the report required to accompany the request shall be prepared by a
qualified biologist.
Prior to issuance of a grading permit, the Developer shall execute a document or
documents to the satisfaction of the Planning Director and the City Attorney which
accomplish at a minimum the following:
A. continued ownership of the open space lot by the Developer or its successor in
interest;
B. while in continued private ownership, active maintenance to protect and preserve
the quality of the habitat (including but not limited to reasonable prevention of
trespass); and
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C. transfer of ownership and maintenance responsibility at some future date to the City
or its designee simultaneous with transfer of funding or other acceptable financial
mechanism to provide for management and conservation in perpetuity. (The cost of
management is currently estimated to be approximately $85.00 per year).
28. Prior to issuance of a grading permit, the Developer shall: 1) consult with the
California Department of Fish and Game regarding the wetland impacts to the
project; and 2) obtain a Section 1603 Streambed Alteration Agreement.
Enpineerinp:
General
29. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
30. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
3 1. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
FeedAgreements
32. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
33. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
34. Prior to approval of any grading or. building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Grading
35. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
36. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer.
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Dedicationshmprovements
37. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for all public streets and other easements shown on the site plan.
The offer shall be made by a separate recorded document. All land so offered shall be
offered free and clear of all liens and encumbrances and without cost. Streets that already
public are not required to be rededicated.
38. Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the site plan and the following improvements including, but not
limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing,
undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights,
retaining walls and signing and striping, to City Standards to the satisfaction of the City
Engineer.
Curb and gutter, sidewalk, paving, street lights, signing and striping on
Marron Road to complete improvements to Secondary Arterial standards.
Public storm drain in Marron Road from the site to the existing 54” r.c.p.
parallel with El Camino Real.
Public water main to connect to the existing 10” water main behind the
existing Carlsbad Plaza Shopping Center.
Curb and gutter, sidewalk, paving, street lights, signing and striping on
Haymar Drive to provide a minimum 40-foot paved surface, with
appropriate transitions to existing improvements to the satisfaction of the
City Engineer.
Signing and striping on existing Avenida de Anita and the primary project
entrance.
Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
said agreement.
39. The developer shall execute and record a City standard Development Improvement
Agreement for the design and construction of traffic signal improvements for the
intersection of Avenida de Anita and Marron Road and secure with appropriate
security as provided by law. The agreement will be for a five year period. The five
year period starts with the release of the security for public improvements. If,
during that five years, the City Engineer determines that the signal is needed, the
developer shall install the signal within six months of receiving written notice to do
so.
40. Prior to issuance of a grading permit, the owner shall apply for and receive
approval of a lot line adjustment to consolidate the open space into a single lot.
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Project secondary access is to be gated to allow egress only. Ingress for emergency
equipment to be provided by box box to the satisfaction of the Fire Marshall.
Adequate prohibitions to ingress by other than emergency equipment to be
provided to the satisfaction of the City Engineer.
Developer to increase project drainage to the north to match pre-development flows
to the satisfaction of the City Engineer.
Marron Road shall be dedicated by Owner along the project frontage based on a center
line to right-of-way width of 42 feet and in conformance with City of Carlsbad Standards.
Prior to the issuance of grading permit or building permit, whichever occurs first, the
applicant shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP)”. The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board. The SWPPP shall address measures to reduce to the maximum extent possible
storm water pollutant runoff at both construction and post-construction phases of the
project. At a minimum, the Plan shall:
1) Identify existing and post-development on-site pollutants.
2) Recommend treatment control Best Management Practices (BMPs) to filter
said pollutants.
3) Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to maintenance personnel education
on the proper procedures for handling clean up and disposal of pollutants.
4) Ensure long-term maintenance of all post construction BMPs in perpetuity.
5) Identify how post-development runoff rates and velocities from the site will
not exceed the pre-development runoff rates and velocities for a 10-year, 6-
hour storm event. If maintaining post-development rates at pre-development
levels cannot be achieved, adequate justification subject to the City Engineer’s
approval must be provided.
Prior to Building Permit issuance, Developer shall have design, apply for and obtain
approval of the City Engineer, for the structural section for the access aisles with a trafEc
index of 5.0 in accordance with City Standards due to truck access through the parking
area and/or aisles with an ADT greater than 500. The structural pavement design of the
aisle ways shall be submitted together with required R-value soil test information and
approved by the City Engineer as part of the building or grading plan review whichever
occurs first.
No grading permit for the project shall be issued until the commencement of
construction of the College Boulevard and Cannon Road connection or November
2002, whichever occurs first.
Prior to occupancy of the 97th market rate unit, construction of College Boulevard
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from Carlsbad Village Drive to Cannon Road and Cannon Road from College
Boulevard to El Camino Real shall be substantially completed to the satisfaction of
the City Engineer.
- Fire:
48. All buildings shall be equipped with automatic fire sprinklers and alarms.
49. Fire hydrant locations must be approved by the Fire Department
50. Carports located in fire suppression zones must be constructed of non-combustible
material.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.1 6 (the Grading Ordinance) to the satisfaction
of the City Engineer.
Some improvements shown on the Site Plan and/or required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
Developer shall demonstrate to the City Engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
City to successfully acquire said property by condemnation.
The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the Site Plan are for planning purposes only. Developer shall pay traffic
impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of
Carlsbad Municipal Code, respectively.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse
compliance with all applicable sections of the Zoning Ordinance and all other applicable
City ordinances in effect at time of building permit issuance, except as otherwise
specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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57.
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Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
Prior to issuance of building permits, Developer shall pay drainage area fee in
accordance with the Carlsbad Municipal Code.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 1st day of May, 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segdl,
White, and Whitton
NOES: Commissioner Dominguez
ABSENT:
ABSTAIN:
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H~ZMIELER
Planning Director
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